IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  M5S0 

(716)  872-4S03 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


'•■: 


Canadian  tnstitute  for  Historical  IVAicroreproductions  /  institut  Canadian  de  microreproductions  hittoriquas 


Technical  and  Bibliographic  Notaa/Notaa  tachniquaa  at  bibliographiquaa 


Tha  Inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographically  uniqua. 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction.  or  which  may  aignificantly  changa 
tha  uauai  mathod  of  filming,  ara  chackad  balow. 


□   Colcurad  covara/ 
Couvartura  da  couiaur 


I — I    Covara  damagad/ 


Couvartura  andommagia 


□   Covera  raatorad  and/or  laminatad/ 
Couvartura  raataurte  at/ou  palllculte 

r~l   Covar  titia  miaaing/ 


D 


□ 


D 


D 


La  titra  da  couvartura  manqua 


Colourad  mapa/ 

Cartea  gtographiquaa  an  couiaur 


□    Colourad  ink  (i.a.  othar  than  blua  or  black)/ 
Encra  da  couiaur  (i.a.  autra  qua  blaua  ou  noira) 

I      I   Colourad  plataa  and/or  illuatrationa/ 


Planchaa  at/ou  illuatrationa  •n  couiaur 


Bound  with  othar  matarial/ 
Ralii  avac  d'autraa  documanta 


Tight  binding  may  cauaa  ahadowa  or  diatortion 
along  intarior  margin/ 

La  re  liura  sarria  paut  cauaar  da  I'ombra  ou  da  la 
diatoraion  la  long  da  la  marga  int^riaura 

Blank  laavaa  addad  during  raatoration  may 
appaar  within  tha  taxt.  Whanavar  poaaibla.  thaaa 
hava  baan  omittad  from  filming/ 
II  aa  paut  qua  cartainaa  pagaa  blanchaa  ajouttoa 
lora  d'una  raatauration  apparaiaaant  dana  la  taxta. 
maia,  loraqua  cala  Atait  poaaibla,  caa  pagaa  n'ont 
paa  *tA  fiimtaa. 

Additional  commanta:/ 
Commantairaa  supplAmantairaa: 


L'Inatitut  a  microfilm*  la  maillaur  axamplaira 
qu'il  lui  a  4ti  poaaibla  da  aa  procurar.  Laa  details 
da  cat  axamplaira  qui  aont  paut-Atra  uniquaa  du 
point  da  vua  bibliographiqua.  qui  pauvant  modifiar 
una  imaga  raproduita,  ou  qui  pauvant  axigar  una 
modification  dana  la  mAthoda  normala  da  filmaga 
aont  indiquAa  ci-daaaoua. 


|~n  Colourad  pagaa/ 


D 


Pagaa  da  couiaur 

Pagaa  damagad/ 
Pagaa  andommagiaa 

Pagaa  raatorad  and/oi 

Pagaa  raatauriaa  at/ou  pailicuiias 

Pagaa  discolourad.  atainad  or  foxa< 
Pagaa  dicoloriaa.  tachatiaa  ou  pIquAea 

Pagaa  datachad/ 
Pagaa  ditach^s 

Showthroughi 
Tranaparanca 

Quality  of  prir 

Qualit*  inigala  da  I'impraaaion 

Includaa  aupplamantary  matarii 
Comprand  du  matMal  auppMmantaira 


r~*|  Pagaa  damagad/ 

r~|  Pagaa  raatorad  and/or  laminatad/ 

rri  Pagaa  discolourad.  atainad  or  foxad/ 

I     I  Pagaa  datachad/ 

fy]  Showthrough/ 

I     I  Quality  of  print  variaa/ 

r~~|  Includaa  aupplamantary  matarial/ 


n~|   Only  adition  availabia/ 


Saula  Adition  disponibia 

Pagaa  wholly  or  partially  obacurad  by  arrata 
slipa,  tissuas.  ate.  hava  baan  rafilmad  to 
anaura  tha  baat  poaaibla  imaga/ 
Laa  pagaa  totalamant  ou  partiailamant 
obacurciaa  par  un  fauillat  d'arrata.  una  palure, 
ate.  ont  AtA  filmAas  A  nouvaau  da  fapon  A 
obtanir  la  maillaura  imaga  poaaibla. 


Thia  itam  ts  filmad  at  tha  reduction  ratio  chackad  balow/ 

Ca  document  eat  fiimA  au  taux  da  reduction  indiqu*  ci-daaaoua. 

10X  14X  18X  22X 


26X 


30X 


y 

12X 


16X< 


20X 


24X 


28X 


32X 


Th«  oopy  filmed  h«r«  haa  b—n  r«produo«d  thanka 
to  tha  ganaroaity  of: 


L'axamplaira  fllmA  fut  raprodult  grica  A  la 
gAniroaiti  da: 


Naw  Brumwick  MuMum 
Saint  John 

Tha  Imagaa  appearing  hara  ara  tha  baat  quality 
poaaibia  oonaldaring  tha  condition  and  laglbility 
af  tha  original  copy  and  In  keaping  with  tha 
filming  contract  apaolfieationa. 


Nflw  Brunswick  MutMim 
Saint  Jolin 

Laa  Imagaa  auhrantaa  ont  §tt  raproduitaa  avae  la 
plua  grand  aoin,  eompta  tanu  da  la  oondMon  at 
da  la  nattatA  da  l'axamplaira  fllmA,  at  it 
conformltA  avao  laa  condltiona  du  contrat  da 
fllmaga. 


Original  copiaa  in  printad  papar  covara  ara  filmad 
baginning  with  tlia  front  covar  and  anding  on 
tha  Uiat  paga  with  a  printad  or  illuatratad  impraa- 
•Ion,  or  tha  back  covar  whan  appropriate.  All 
othar  original  copiaa  ara  filmed  beginning  on  the 
firat  paga  with  a  printed  or  illuatratad  imprae- 
•ion,  and  anding  on  the  laat  page  with  a  printad 
or  illuatratad  iuipraeaion. 


Lea  exempleiree  origineux  dont  la  couverture  en 
pepier  eat  ImprimAe  aont  fllm4a  1%  commen9ant 
par  la  premier  plat  at  an  terminant  aoit  par  la 
damlAre  page  qui  comporte  une  empreinte 
d'impreaalon  ou  dlNuatration,  aoit  par  la  •econd 
plot,  selon  le  cea.  Toua  lee  eutraa  exempleirea 
origineux  aont  fllmte  en  oommen^nt  par  la 
premMre  page  qui  comporte  une  empreinte 
dimpreaaion  ou  dllluatration  at  an  terminant  par 
la  damiire  page  qui  comporte  une  telle 
empreinte. 


The  laat  recorded  frame  on  eeeh  microfiche 
•hell  contain  the  aymbol  — ^>  (meening  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  appiiea. 


Un  dea  aymbolae  auhranta  apparaltra  aur  la 
damiire  image  do  cheque  microfiche,  aeion  le 
caa:  le  symbole  — »•  elgnifie  "A  SUIVRE".  le 
aymbola  ▼  aignifie  "FIN". 


Mapa,  platea.  charta,  etc..  mey  be  filmed  at 
different  reduction  ratloa.  Thoae  too  lerge  to  be 
entirely  Included  In  one  expoeure  ara  filmed 
beginning  in  the  upper  left  hand  comer,  left  to 
right  and  top  to  bottom,  aa  many  framea  aa 
required.  The  following  diagrama  llluatrate  the 
method: 


Lee  cartea,  planchee,  tableeux,  etc..  peuvent  Atre 
filmAa  A  dee  taux  da  rAduction  diff Aranta. 
Loraque  la  document  eet  trop  grand  pour  Atre 
reproduK  en  un  aeul  ciichA,  11  eat  filmA  A  partir 
da  Tangle  aupArieur  gauche,  do  gauche  A  drohe, 
at  da  haut  en  bea,  en  pranant  la  nombra 
d'imegea  nAcaeaaire.  Laa  diagrammea  auhranta 
llluatrant  la  mAthode. 


1 

2 

3 

■  ■■/'■■,. .  :  ^-      ■  ,.•:-- 


1 

2 

3 

4 

5 

6 

19fli  CONGRESS,         I  Doc.  No.  12.  ] 
£d  Ssssioir. 


HO.  OF  REPS. 


BRITISH  COLONIAL  TRADE. 


1 1 


MESSAGE 


VBOX  TU 


PRESIDENT  OF  THE  UNITED  STATES, 


n'iHBMZTTIirO 


EXTRACTS  OF  A  LETTER 


VBOX  TBS 

OV  TBB  UMITSD  tTATM,  AT  XiOWDOKy 

BlIiATIVa  TO  THB  , 

lATE  DISCUSSIONS  WITH  THE  GOVERNMENT   OF   GIL^AT  BBITAIK, 

COBCBBHIKQ  THB 

TRADE  BETWEEN  THE  UNITED  STATES, 

AND  THB 

BRITISB  00&0NIB8  IBT  AMBRIOA. 


DECEMBER   18,    18136. 
Read,  and  referred  to  the  Committee  on  Commerce. 


WASHINGTON : 

1>ni!TT£V  BT  OAtCa  &  SKATOV 


'f»m. 


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l^n  fi 


o 


w 


le^ri' 


;,f,;.nt?«''/^4f5  '^*^^^^-^^ 


]'i  >  ii^rrn:"^ 


-^j«^ 


<>.<.'//' 


If  y  I 


r.;^.mciii> 


I  I 


<   .1.       'f'-.* 


*       I 


:'J'. 


j;^:? 


f  Boc.  No.  12,] 


To  the  Senate  and  House  of  Representatives  of  the  United  States  : 

Washington,  Sth  December,  1826. 
I  transmit  to  Congress  extracts  of  a  letter  received  since  the  com- 
mencement of  their  session,  from  the  Minister  of  the  United  States 
at  London,  having  relation  to  the  late  discussions  with  the  Govern- 
ment of  Great  Britain,  concerning  the  trade  between  the  United 
States  and  the  British  colonics  in  America. 

JOHN  QUINCY  ADAMS, 


"«" 


■»  1  ■ 


f  «^  ■  .  •&*!  11    v.. 


■-*»T^^'fl 


;•'• 


.4 


,  t- 


I      I . ,    I 


5 


jfi" 


[  Boo.  No.  13.  ] 


iM     ,;^... 


Extract  of  a  Bespatdh  M.  16y/tifm  Mr,  Qallatin  io  Mr,  Clay,  ddUi 

**  London,  Z7th  Oct  1826. 

«  Mr.  Canning,  in  liis  official  note  of  11th  September  laiit,  on  tlie 
subject  of  the  colonial  intercourse,  has  the  following  observation  re- 
specting the  provision  of  the  act  of  Congress  of  1st  Marcli,  18S3» 
"Which  prevented  British  vessels  entering  American  ports  except  di- 
rectly from  the  British  West  Indies,  from  clearing  out  for  any  of 
those  colonies  :  *  It  must  not  be  forgotten  that  this  enactment,  founded 
« professedly  on  the  limitations  of  the  British  act  of  Parliament  of 

<  1&22,  is  continued  fourteen  months  after  the  passing  of  the  British 

*  act  of  1825,  by  which  the  limitations  were  done  away.    Since  the 

<  5th  of  January,  1826,  an  American  ship  trading  to  a  British  West 

<  India  colony  may  clear  out  from  thence  to  any  part  of  the  world, 

*  the  United  Kingdom  and  its  dependencies  alone  excepted.  But  the 
'  British  ship  in  the  American  port  still  remains  subject  to  all  the  re- 
^  strictions  of  the  American  laws  of  1823,'  &c.  Although  I  did  not 
know,  at  the  time,  what  act  of  Parliament  of  1825  was  alluded  to,  I 
could  have  no  doubt  of  the  repeal  of  the  limitations  of  the  act  of  Par- 
liament of  1823,  and  thus  expressly  stated ;  and  the  fact  is  according- 
ly taiien  for  granted  in  my  official  answer  to  Mr.  Canning,  of  the  22d 
of  September.  Yet,  on  examining  the  various  acts  of  Parliament,  I 
have  found  some  difficulty  to  discover  by  what  act,  in  what  manner, 
to  what  extent,  and  from  what  date,  the  said  limitations  had  been  ac- 
tually repealed. 

The  act  of  1822,  which  contains  the  Hmitatio  v?  alludetl  to,  is  that 
of  24th  June,  1822,  (44th  chap,  of  3d  Geo.  4th,)  ei  titled  <  An  act  to 
regulate  the  trade  between  his  Majesty's  possessions  in  America  and 
the  West  Indies,  and  other  places  in  America  and  the  West  Indies  f 
and  the  limitations  in  question  are  two.    By  tiie  3d  section,  goods  im- 
ported in  foreign  ships  into  the  free  ports  of  the  British  colonies,  must 
be  shipped  and  brought  directly  from  the  country  or  place  of  which 
they  are  the  growth,  produce,  or  manufacture.    By  the  4th  section, 
goods  exported  from  any  of  the  said  free  ports  in  foreign  ships,  must 
be  exported  direct  to  the  country  or  state  to  which  such  ship  belongs. 
Although  Mr.  Canning  has  used  the  word  limitations  in  the  plural 
number,  it  is  clear  that  he  intended  to  apply  his  observation  <  that  the 
limitations  were  done  away,'  to  the  last  mentioned  limitation  only,  and 
not  to  the  first. 

The  act  of  5th  July,  1825,  (6th  Geo.  4th,  chap.  114,)  entitled  <An 
act  to  regulate  the  trade  of  the  British  possessions  abroad,'  docs  not 
contain  any  clause  repealing  either  of  the  limitations  of  the  act  of  24th 
June,  1S22.     But  the  fourth  section  states  that,  by  the  law  ofnaviga- 


•isnRaUfa.'l  f, 


ga  Ships  are  permitted  to  import  into  any  ot  ine  isnttsli  ims- 


^A 


;^ 


n 


% 


«' 


[  Doc.  No.  li.  ] 


sessions  abroad,  rrom  the  countries  to  which  they  belong,  goods  the 
produce  ut' those  countries,  and  to  export  goods  from  such  possessions 
to  be  carried  to  any  foreign  country  whatever. 

llio  law  of  navigatioiit  rckrrcil  to  as  above,  must  be  the  act,  also,  of 
5th  July,  1825,  (6th  Geo.  4th,  ch.  109,)  entitled,  «  An  act  for  the  en- 
couragement of  British  shipping  and  navigation."  It  is  enacted  by 
itj  first  section,  that  the  act  shall  be  in  force  from  the  5th  of  January, 
1826,  and  shall  constitute  and  be  the  law  of  navigation  of  the  firitish 
empire.  The  Uth  section  provides  <Hhat  no  goods  shall  be  imported 
into  any  British  possession  in  Asia,  Africa,  op  America,  in  any  foreign 
ships,  unless  they  be  ships  of  the  country  of  which  the  goods  are  the 
produce,  and  from  which  the  goods  are  imported."  The  4th  and  lotb 
sections  provide  against  the  importation,  in  foreign  ships,  into  the 
United  Kingdom,  or  into  any  Britisb  possession  in  Asia,  Africa,  or 
America,  of  goods  carried  from  any  such  firitish  possession.  There 
is  not  in  the  act  any  provision  restricting  the  exportation  of  goods  from 
any  such  British  possession  in  foreign  ships  to  any  foreign  country 
\i^hatever.  But  the  act  does  not  expressly  repeal  any  such  restriction 
previously  in  force,  nor  indeed  any  former  act  whatever  relating  to 
trade  and  navigation.  The  preamble,  which  makes  p^rt  of  the  first 
section,  only  states  that  the  laws  relating  to  the  encouragement  of  Bri- 
tish navigation  will  bo  repealed  in  consequence  of  another  act  passed 
in  the  same  session  of  Parliament,  entitled  <<  An  act  to  repeal  the  seve- 
ral laws  relating  to  the  customs." 

This  last  mentioned  act  is  that  of  6th  Geo.  4th,  ch.  105,  passed, 
also,  on  the  5th  of  July,  1825.  Though  purporting  from  its  title  to 
repeal  only  custom  house  laws,  this  act  repeals,  from  and  after  the  5tli 
day  of  July,  1826,  so  much  and  such  parts  of  the  sevcriil  and  respec- 
tive statutes  therein  after  mentioned  and  recited,  as  relates  to  the  trade 
and  navigation  of  the  Kingdom,  or  to  the  importation  or  exportation 
of  goods,  &c.  &c.  The  statutes  thus  therein  sanctioned  and  repealed, 
amount  to  about  four  hundred  and  fifty,  including,  as  I  believe,  all 
former  acts  relating  to  the  trade  and  navigation  from  17th  Ricliard 
2d  to  5th  Geo.  4th,  cli.  94.  The  16th  section  specially  repeals  so  much 
of  the  navigation  act,  12th  Charles  2d,  ch.  18.  as  remains  unrepealed  ; 
and  the  559th  section  repeals  altogether  the  first  abovementioned  act 
♦if  24th  June,  1822,  (3  Geo.  4th,  cIi.  44,)  entitled  "An  act  to  regulate 
the  trade  between  his  Majesty's  possessions  in  America  and  the  West 
fndies,  and  other  places  in  America  and  the  West  Indies." 

From  what  precedes,  it  follows,  first,  that  the  restriction  which  li- 
mits theimiiortations,  in  foreign  vessels,  of  goods  into  the  British  Wesi 
Indies  and  American  Colonics,  the  vessels  of  the  country  of  which  the 
goods  arc  the  ]»roilucc,  and  coming  direct  from  [such]  country,  having 
been  revived  by  the  navigation  act  of  5th  July  1825,  is  still  in  force ; 
secondly,  that  the  restrictions  which  limited  the  cxportations  in  foreign 
vessels,  of  goods  exported  from  the  British  West  Indies  and  American 
Colonies,  to  a  dii*ect  exportation  to  the  country  to  which  such  vessel  did 
belong,  is  so  far  repealed,  as  that  such  cxportations,  in  such  vessels. 


f    .• 


1 


^ 


■n- 


'    *  [  Doc.  No.  12.  ]  7 

may  be  made  to  any  country  whatever,  Great  Britain  and  its  depen- 
dencies only  excepted. 

'  But  it  would  seem  that  that  repeal  took  place  from  the  5th  of  July, 
1826  only;  and  Mr.  Canning  having  stated  that  it  had  taken  place 
from  the  Sth  of  January^  1829,  I  have  addi*c88cd  a  private  letter  to 
Mr.  Planta,  acting  Secretary  of  State  during  Mr.  Canning's  absence, 
asking  an  explanation  of  that  apparent  discrepancy,  to  which,  how- 
ever, not  much  importance  can  be  attached. 

From  the  tenor  of  your  instructions  of  the  19th  Juno,  and  Sth  of 
August,  1826,  it  appears  that  even  to  the  last  date,  you  were  under  an 
impression  that  both  the  limitations  of  the  act  of  Parliament  of 
S4th  June,  1822,  on  the  indirect  or  circuitous  intercourse  with  the 
British  Colonies,  wore  still  in  force;  this,  considering  the  manner  in 
which  the  repeal  of  the  limitation  in  question  has  been  effected,  is  not 
a  matter  of  surprise ;  and  there  was  another  circumstance  calculated 
to  strengthen  that  opinion. 

It  appears,  from  your  instruction  of  the  1 9th  June  last,  that  the  two 
acts  of  Parliament  on  that  subject  which  had  reached  you  or  attracted 
your  notice,  were  the  act  of  Sth  July,  1825,  (6th  Geo.  4th  ch.  1 14, ) 
to  regulate  the  trade  of  the  British  possessions  abroad,  tind  an  act  of 
27th  June,  1825,  (6th  Geo,  4th,  ch.  73,)  entitled  <«An  act  for  the  fur- 
ther regulating  the  trade  of  His  Majesty's  possessions  in  America, 
and  the  West  Indies,  and  for  the  warehousing  of  goods  therein.''  By 
the  sixth  section  of  the  last  mentioned  act,  the  permission  to  export  in 
foreign  vessels,  goods  from  any  of  the  British  Colonial  free  jmrts  to  any 
foreign  country,  taken  in  the  most  extensive  sense  of  which  it  is  suscep- 
tible, applies  only  to  countries  in  Europe,  Africa,  or  Asia,  within  the 
Mediterranean  Sea,  and  to  ships  belonging  to  such  countries.  It 
does  not  extend  to  America,  and  does  not  embrace  American  ships. 
And  it  was,  therefore,  a  natural  inference,  that  the  4  th  section  of  the 
act  of  Sth  July,  1825,  (6th  Geo.  4th,  ch.  1 14,)  when  stating  that  foreign 
ships  were  permitted  to  export  goods  from  the  British  jiossessions 
abroad,  to  any  foreign  country  whatever,  referred  to  the  last  mentioned 
sixth  section  of  the  act  of  27th  June,  1825,  and  had  no  reference  to 
American  ships.  It  is  proper  here  to  add,  that  this  act  of  27th  June, 
1825,  has  since  b^rn  repealed,  not  by  the  act  above  mentioned,  of  Sth 
July,  1825,  (6th  Geo.  4th  ch.  103,)  « to  repeal  the  several  laws  re> 
lating  to  the  customs,"  but  by  a  subsequent  act  of  26th  May,  1826, 
(7th  Geo.  4th  ch.  48.) 

It  seems  to  me,  that  the  intricacy  of  these  several  acts  of  Parlia- 
ment, and  the  difficulty  of  understanding  their  precise  meaning,  might 
have  been  considered  by  the  Government  of  Great  Britain,  as  a  suffi- 
cient reason,  why  that  of  the  United  State^i  might  not  have  been  dis- 
posed to  accept  the  conditions  on  which,  by  those  acts,  the  intercourse 
was  opened  with  the  British  Colonies,  without  having  previously,  at 
least,  come  to  an  understanding  of  their  true  intent  and  meaning.  In 
point  of  fact  it  was  understood  by  the  American  Government  that  one 
of  those  conditions  was  a  prohibition  to  export  goods  in  American 
vessels,  from  those  Colonies  to  any  other  country  than  the  United 
States." 


